UNHCR Mindanao, Philippines I Rosary Heights 6 , Cotabato City, Philippines I +63 (64) 421 7945 I phicoprc@unhcr.org I www.unhcr.ph

DISCLAIMER

The Thematic Protection Bulletin aims to provide a starting point for information and analysis that can help protection agenc ies, policy makers and other stakeholders concerning instances of forced displacement or solutions (repatriation, resettlement, integration). The number of people displaced / affected may differ from the number in need of humanitarian assistance. To the extent possible, the terminology used in the Bulletin reflects the UN Guiding Principles on Internal Displacement and other sources of international law and practice. The information reported in the Thematic Protection Bulletin has been received from members of the

Protection Cluster across Mindanao. Consequently, unreported cases of forced displacement and solutions are not reflected. Updates will be provided as and when more information is received from members. Although efforts are made to verify the data, the UNHCR Mindanao, Philippines takes no responsibility for the

incompleteness or inaccuracy of the information. The information provided in this Thematic Protection Bulletin does not necessarily reflect the views of UNHCR or any individual member of the Protection Cluster.

FOR EXTERNAL CIRCULATION ALSO

Grave Threats & Harassment in Surigao Del Sur

Three related incidents of killings and harassment against indigenous communi-

ties, including peasants, students and teachers, caused the displacement of

1,075 families (5,590 persons) in the province of Surigao del Sur from August to

October 2015.

As recounted by those who witnessed the incident, on 09 August, 84 families

(estimated 430 persons) were displaced when members of a paramilitary group

called Bagani, interrogated and harassed villagers including children in Sitio

Nalindog, Barangay Bolhoon municipality of San Miguel. This was followed by

another displacement on 28 August, in the neighboring village of Siagao, where

around 332 families (estimated 1,660 persons) fled their homes when known

members of the Bagani lobbed a grenade in one of the houses in the village and

killed two peasant brothers. On 1 September, another displacement of around

573 families (estimated 3,000 persons) occurred in various sub-villages in the

municipalities of Lianga, Marihatag, San Agustin, San Miguel, and Tago. Civilians

were harassed including students and teachers, and three tribal leaders were

killed in front of community members. A cooperative and school buildings were

also burned. Residents interviewed stated that they were threatened with death

and that their schools will be burned if they did not leave their village. On 1-2

October, another 173 families (estimated 954 persons) were displaced because

© PJ Tanghal/UNHCR 2015

Situation Background From March to October 2015, fourteen (14) lumad leaders, activists, and villagers that includes children were confirmed killed in five (5) incidents of

extra-judicial killings and four (4) described massacres. There were at least six (6) incidents of forced evacuations from the provinces of Sarangani,

Bukidnon, Davao del Norte, and Surigao Del Sur that involved ten different communities, of mostly indigenous peoples (IP). They fled their homes

and communities, out of fear of death and presence of armed groups on their lands. At present, over 6,000 IPs are known to be displaced with more

communities at-risk of displacement.

The human rights violations against the IP communities include Grave Child Rights Violations (GCRV) of killing, maiming, and attacks on schools.

Perceived as political actions supporting “communist (NPA) ideology”, the IP communities are believed to be targeted for organizing against the gov-

ernment and extraction and farming businesses on their ancestral lands. This report does not include all incidents against IPs in Mindanao, as all

incidents are not reported.

THEMATIC PROTECTION

BULLETIN UPDATE OF INDIGENOUS PEOPLES (IPS)

UNDER THREAT IN MINDANAO

06 October 2015, Page 1 © E. Monato/UNHCR 2015

of fear of the presence of the military and Magahat paramilitary forces. On 2

October, another 173 families (estimated 954 persons) were displaced from

three sub-villages of Barangay Mahaba of Marihatag municipality also from fear

of the presence of the Armed Forces of the Philippines (AFP) and Magahat para-

military forces. The leader of this paramilitary group is well known by the IP com-

munity. He is allegedly involved in series of attacks on IPs and the killing of a

teacher and IP leaders. Magahat members allegedly interrogated residents about

their affiliations with the New People’s Army. The IDPs were assisted by a truck

during their evacuation and brought to where they have been staying at the mu-

nicipal gymnasium in Tandag. The provincial government has asked the Task

Force Bangkaw led by the Philippine National Police to pursue the suspects and

disarm the Magahat group.

UNHCR and other agencies met with the Governor of Surigao Del Sur, IDPs,

church-based organizations and the AFP. The IDPs, including students and teach-

ers, expressed fear to return unless all armed actors leave their areas, including

the AFP who they consider as acting together with the paramilitary group. The

students interviewed, mostly between the age of 13-16 years old said that they

can easily distinguish the regular forces of AFP from the paramilitary. They provid-

ed specific details of their uniforms. They described how during the time that the

paramilitary group was in their community, the AFP were only 50-100 meters

away. The Governor meanwhile has been calling for the disbanding of all paramili-

tary groups supported by the AFP since 2009.

Around 3,000 displaced indigenous people in Tandag City continue to struggle in makeshift shelters inside the Sports Complex. Fear to return still prevails. © E. Monato/UNHCR 2015

Forced Evacuation in Davao Del Norte The above-mentioned incidents follow the previously reported attacks and dis-

placement of around 700 IPs from Talaingod and Kapalong in Davao del Norte.

These IPs have been staying in Davao UCCP Haran compound since March this

year due to insecurity in their communities. The AFP and political actors have said

that this group of IPs has been influenced by leftist organizations to move to Da-

vao in support of NPA activities. In a recent field visit conducted by UNHCR in

Talaingod and Kapalong, individual and group interviews with the communities

indicate that the IDPs have a legitimate fear not to return to their communities.

The Davao City authorities support the IDPs’ decision to evacuate and agree that

they are supported in the Haran UCCP compound with shelter, basic food, water,

sanitation and health items. The UN Special Rapporteur for the Human Rights of

IDPs visited the Haran compound in July and raised concerns about the situation

of these IPs and all indigenous communities who have been or under threat of

being forcibly displaced from their communities.

UNHCR Mindanao, Philippines I Rosary Heights 6 , Cotabato City, Philippines I +63 (64) 421 7945 I phicoprc@unhcr.org I www.unhcr.ph

Findings

The indigenous peoples are the most marginalized and vulnerable popula-

tion in the Philippines and require special protection under Philippine and

international human rights law. For this reason, the Government, the UN,

NGOs and all human rights actors have a responsibility to act.

UNHCR, in coordination with UNICEF and other partners, have gathered

information of several incidents involving indigenous populations and their

displacement through monitoring and meetings with different stakeholders

including government officials, the AFP, civil society and faith-based organi-

zation, IDPs, teachers, students and tribal leaders. Based on findings from

field visits, UNHCR and all protection actors are appalled by the killings of

civilians and the scope and scale of these violent incidents.

Some members of the community, including security actors have blamed the

killings on the NPA or on internal conflict in the IP communities. This inaccu-

rate depiction of the violence and killings in IP communities delays and

prevents actions by the responsible authorities to find, apprehend and pros-

FOR EXTERNAL CIRCULATION ALSO

THEMATIC PROTECTION

BULLETIN UPDATE OF INDIGENOUS PEOPLES (IPS)

UNDER THREAT IN MINDANAO

06 October 2015, Page 2

Extra-Judicial Killings in Bukidnon Province

In Barangay Mendis, municipality of Pangantucan, one 70-year-old male, and four

(4) children were killed on 18 August 2015. IPs in the area are strongly condemn-

ing the killings and accusing the AFP 3rd Company of the 1st Special Forces Bat-

talion as the main perpetrators. The military denied the allegations by announcing

to the media that they had an armed encounter with members of the New Peo-

ple’s Army (NPA). Relatives of the victims and the community members claim that

the victims are members of the Manobo Farmers Association, not the NPA. The

community expressed fear but there was no reported movement or plan to move

at this time.

On 26 August 2015, in municipality of Kitaotao, 15 members of Nagkahiusang

Displaced indigenous population amid their situation in evacuation center continue to demand justice for the killing of their leaders. © E. Monato/UNHCR 2015

Recommendations

Respect for the rule of law should be upheld by ensuring that the perpetra-

tors of these killings causing displacement will be apprehended and prose-

cuted according to the law of the Philippines so persons can return to their

communities without fear of future attack and feel protected by the govern-

ment.

As has been requested by the Governor of Surigao del Sur and other human

rights actors, the Commission on Human Rights should conduct an investi-

gation. The UN Special Rapporteurs for Children in Armed Conflict, Indige-

nous Peoples and Human Rights of IDPs can be asked to make recommen-

dations to improve the protection of IP/IDPs.

To address the root causes of conflict related to IP ancestral domain, extrac-

tion and agro-industrial business, support for a conference to bring together

Government agencies such as the National Commission on Indigenous Peo-

ples (NCIP), the Department of Environment and Natural Resources (DENR),

the Department of Education (DEPED), the Philippine National Police (PNP),

and the Armed Forces of the Philippines (AFP) to work closely together with

the Commission on Human Rights and local communities to find agreed

solutions to avoid conflict.

Mag-uuma sa White Culaman (United Farmers Association) including a mother

and her 12-year-old son, were accused of being members of the NPA and were

arrested by the AFP’s 8th Infantry Battalion. According to IP leaders interviewed

by UNHCR, the military threatened to burn the alternative learning school built by

Mindanao Interfaith Services Foundation, Inc. (MISFI). The incident resulted to

displacement of 32 families (estimated 146 persons) from sitio Dao and Malinao.

In Misamis Oriental, fresh fighting erupted again between the AFP and the NPA in

Barangay Mat-i of Claveria municipality displacing around 40 families (estimated

200 persons) mostly belonging to Higaonon tribe. Most of the IDPs fled their

homes from sitio Abakahan due to fear that the conflict will escalate in the entire

village of Mat-i. The firefight ensued as the AFP continues with a rescue opera-

tions of a soldier who was abducted in July and remains held by the NPA. To date,

the IDPs are temporarily staying in evacuation centers in Claveria town proper.

ecute the perpetrators, which only contributes to more potential violence.

The acts against these communities involve gross violations of human rights

of IPs, including killings, Grave Child Rights Violations, the right to education

(attacks on schools), and freedom of expression, by harassment and threats

against life causing forced displacement.

Common to all of these affected areas of the provinces of Bukidnon, Suri-

gao, and Davao Del Norte, paramilitary groups known or perceived to be

supported by the military are the main cause of the human rights violations

against these IP communities and the cause of their displacement.

The 25 September statement by the Secretary of Justice on acts of violence

against the lumads of Mindanao is welcome. Of concern is that similar inci-

dents in these same communities have been documented and reported as

far back as 2010 in the periodic report by the Special Rapporteur on Grave

Rights Violations against Children in armed conflict and special investiga-

tions established still are pending identification and prosecution of perpe-

trators. Unfortunately, these communities under threat have not benefitted

from State protection.

The intervention of the national authorities is necessary. The PNP stated in

a community meeting that they do not have the weapons to disarm the

armed groups, only the AFP can do it. The Governor has stated that the

armed groups do not operate according to law and need to be disarmed

and disbanded by the AFP to avoid further attacks and displacement in

these communities.

For the immediate and medium term, civil society organizations and the UN

should consider increasing their presence (Protection by presence) in these

areas. The GoP has agreed that the UN and protection partners pursue

activities with the NPA to stop Grave Rights Violations Against Children. This

can be an opportunity for an advocacy to restart the peace process in end-

ing violations by all actors to the conflict. This can be facilitated through

support of the many local church groups, including the Rural Missionaries of

the Philippines, and fellow religious and church workers who are most

knowledgeable of these rural IP communities.

Until security is provided in these rural IP communities (including Surigao,

Davao del Norte, Bukidnon and North Cotabato), indigenous people most

likely will remain displaced away from their livelihood for a long period of

time or encounter repeated displacement from fear of armed actors in their

communities. Therefore preparation for longer term support for this vulnera-

ble population should be made.

© E. Monato/UNHCR 2015

MINDANAO: INCIDENTS INVOLVING INDIGENOUS PEOPLEOVER 6,000 IPs DISPLACED AND FEAR TO RETURN TO THEIR COMMUNITIES As of October 2015

SOURCES: UNHCR, Protection Cluster Members CREATION DATE: 06 October 2015 FEEDBACK: phicoprc@unhcr.org DISCLAIMER: The boundaries and names shown and the designations used on this mapdo not imply official endorsement or acceptance by the United Nations.

KITAOTAO

PANGANTUCANKAPALONG

TALAINGOD

LIANGA

MARIHATAG

SANAGUSTIN

SANMIGUEL

TAGO

MALAYBALAY CITY

CLAVERIA

CAPITOL GROUNDS

WHITEKU LAMAN

MENDIS GUPITAN

PALMAGIL

MAT-IDIATAGON

BOLHOON

SIAGAO

MAHABA

AGUSANDEL NORTE

AGUSANDEL SUR

BUKIDNON

CAMIGUIN

COMPOSTELAVALLEY

DAVAO DELNORTE

DAVAODEL SUR

DAVAOORIENTAL

LANAO DELNORTE

LANAODEL SUR

MAGUINDANAO

MISAMISORIENTAL

NORTHCOTABATO

SURIGAODEL NORTE

SURIGAODEL SUR

DATE OF INCIDENT: 6-8 January & February 2015DISPLACED POPULATION: 138CASE: Harassment, Military encampment and ThreatsARMED GROUP: Alleged members of Alamara

1

1

2

3

5

6

4

7

8

10

9

DATE OF INCIDENT: 20 May 2015DISPLACED POPULATION: 236CASE: Attacks to schoolARMED GROUP: Alleged members of Alamara andAFP under 10th Infantry Division

2

DATE OF INCIDENT: 8 & 20 August 2015DISPLACED POPULATION: 430CASE: Harassment, DisplacementARMED GROUP: Alleged members of Bagani

4

DATE OF INCIDENT: 18 August 2015DISPLACED POPULATION: 177CASE: Summary/Extrajudicial/Frustrated Killing,Use of Civilian as Shield, Use of Schools, Medical,Religious and other public places for military purpose,Endangerment of CiviliansARMED GROUP: Alleged members of 3rd Company of the 1st Special Forces Battalion

5

DATE OF INCIDENT: 26 August 2015DISPLACED POPULATION: 146CASE: Arbitrary Arrest 15 persons including 1 childARMED GROUP: Alleged members of 8th Infantry Battalion

6

DATE OF INCIDENT: 29 August 2015DISPLACED POPULATION: 1,020CASE: Killings, Harassment, Displacement, Grenade ExplosionCASUALTIES: 2ARMED GROUP: Alleged members of Bagani

7

DATE OF INCIDENT: 11 August & 1 September 2015DISPLACED POPULATION: 3,000CASE: Extra Judicial Killing, Harassment, Displacement,Pillaging/Looting, Arson, ThreatsCASUALTIES: 3ARMED GROUP: Alleged members of Magahat and NPA

8

DATE OF INCIDENT: 2 October 2015DISPLACED POPULATION: 954CASE: Presence of armed group caused displacementARMED GROUP: Alleged members of AFP and Magahat

10

DATE OF INCIDENT: 08 June 2015DISPLACED POPULATION: 164CASE: Displacement, Killings, HarassmentARMED GROUP: Alleged members of Alamara

3

DATE OF INCIDENT: 29 September 2015DISPLACED POPULATION: 200CASE: AFP and NPA encounter caused displacementARMED GROUP: Alleged members of NPA and AFP

9

I0 7.5 153.75

Kilometers

1:1,250,000Scale

INCIDENT LOCATION